IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090009175 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Medical Badge and the Good Conduct Medal. 

2.  The applicant states that both awards were not listed on his DD Form 214.  He contends that after contacting the National Personnel Records Center (NPRC) in St. Louis, Missouri to correct the omissions he received a reply.  

3.  The applicant provides letters from NPRC dated 16 April 2009 and 27 April 2009; two orders for the Bronze Star Medal with "V" Device; an award certificate for the Bronze Star Medal with First Oak Leaf Cluster; orders for the Good Conduct Medal; and a copy of his DD Form 214 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 30 August 1967.  He was awarded military occupational specialty (MOS) 91B (medical corpsman).  He arrived in Vietnam on 19 February 1968.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91B assigned to Headquarters and Headquarters Company (HHC), 5th Battalion, 7th Cavalry in Vietnam from 24 February 1968 through 14 February 1969.  On 2 June 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his service obligation.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Bronze Star Medal, the Bronze Star Medal with "V" Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number       296 awarded the applicant the Combat Medical Badge.

5.  Headquarters, 1st Air Cavalry Division General Orders Number 9181, dated 31 July 1968, show the applicant received the Air Medal for the period February 1968 to July 1968.  

6.  Headquarters, 1st Air Cavalry Division (Airmobile) General Orders Number 66, dated 2 January 1969, show the applicant received the Bronze Star Medal with "V" Device for heroism on 23 November 1968 in Vietnam.  These orders show he was assigned to Company B, 5th Battalion (Airmobile), 7th Cavalry.  The citation for this award states, in pertinent part, "while serving as a medical aidman with Company B, 5th Battalion, (Airmobile), 7th Cavalry, during an enemy attack in Quan An Loc Province, Republic of Vietnam.  When his unit's perimeter came under an intense enemy mortar attack and sustained several casualties, Specialist [applicant's last name] exposed himself to the hostile barrage as he left his secure foxhole and moved from position to position to administer first aid to the wounded soldiers."     

7.  Headquarters, 1st Air Cavalry Division (Airmobile) General Orders Number 258, dated 6 January 1969, show the applicant received the Air Medal for the period February 1968 to January 1969.  

8.  Headquarters, 1st Air Cavalry Division (Airmobile) General Orders Number 373, dated 8 January 1969, show the applicant received the Bronze Star Medal for meritorious service for the period February 1968 to February 1969.  On 
22 February 1969, these orders were amended to show the applicant received the Bronze Star Medal with First Oak Leaf Cluster.   

9.  Headquarters, 1st Air Cavalry Division (Airmobile) General Orders Number 1614, dated 8 February 1969, show the applicant received the Bronze Star Medal with "V" Device for heroism on 15 December 1968 in Vietnam.  These orders show he was assigned to HHC, 5th Battalion (Airmobile), 7th Cavalry.  The citation for this award states, in pertinent part, "while serving as a medical aidman with Headquarters & Headquarters Company, 5th Battalion, (Airmobile), 7th Cavalry, during an enemy attack.  When his unit's perimeter came under an intense enemy mortar attack and sustained several casualties, Specialist [applicant's last name] exposed himself to the hostile barrage as he left the security of his bunker to administer first aid to the wounded personnel.  Although enemy mortars were exploding within the proximity of his position, Specialist [applicant's last name] continued to treat the casualties until all were cared for."     

10.  Headquarters, Brooke General Hospital General Order Number 45, dated 
29 August 1969, shows the applicant received the first award of the Good Conduct Medal for the period 28 August 1967 to date of separation on or about (DOSOA) 29 August 1969.  It appears the end date (29 August 1969) on these orders is incorrect since the applicant was released from active duty on 2 June 1969.

11.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This publication shows the 5th Battalion, 7th Cavalry was awarded the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  

13.  Department of the Army Pamphlet 672-3 also shows the 5th Battalion, 
7th Cavalry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

16.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Combat Medical Badge.  Therefore, his DD Form 214 should be amended to show this badge.

2.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.  

3.  The applicant's DD Form 214 shows two awards of the Bronze Star Medal.  However, orders show the applicant received three awards of the Bronze Star Medal, two of which for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device with Second Oak Leaf Cluster. 

4.  The applicant's DD Form 214 shows the Air Medal as an authorized award.  However, orders show the applicant received two awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 2.

5.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.



BOARD VOTE:

____X__  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entries "Bronze Star Medal," "Bronze Star Medal with "V" Device," and "Air Medal" on his DD Form 214; and 

	b.  adding the Combat Medical Badge, the Good Conduct Medal, the Bronze Star Medal with "V" Device with Second Oak Leaf Cluster, the Air Medal with Numeral 2, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090009175





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ABCMR Record of Proceedings (cont)                                         AR20090009175



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